LAWS(DLH)-2009-5-415

AJAY PAL @ AJIT SINGH Vs. THE STATE

Decided On May 12, 2009
Ajay Pal @ Ajit Singh Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) THIS is a case, where Appellant had purportedly fired from his country made pistol to injure one of the victims, to facilitate robbery near a nallah in Hari Nagar in the area of Police Station Badarpur, Delhi and Appellant was allegedly caught red handed near the spot, while his companions managed to escape from the clutches of law.

(2.) APPELLANT was tried in FIR No. 297/94 under Section 392/394/397/34 of IPC read with Section 27 of Arms Act, registered at Police Station Badarpur, Delhi for committing armed robbery at about 8.45 PM on 13th day of September, 1994, near pulia of Hari Nagar Nala and in the commission of this offence, Appellant was purportedly assisted by his three companions and the victims were Narender Kumar, Suresh Kumar and Dinesh, who were robbed of Rs. 800/ -, Rs. 760/ - and Rs. 40/ - respectively. Narender Kumar was also robbed of his wrist watch at the point of country made pistol. In this incident, Narender Kumar had sustained injuries from a shot fired by appellant/accused from his country made pistol. However, the aforesaid victims raised alarm, which attracted public persons, i.e., Gurpreet (PW -2) and Avtar (PW -3), who apprehended the appellant/accused near the spot and the appellant/accused was given beatings by the public persons, who had gathered at the spot and the PCR van also came at the spot, which led to the apprehension of the accused and of recovery of the country made pistol with live cartridges and it also led to the recovery of the robbed articles, i.e., wrist watch etc. from him. However, the companions of the appellant/accused managed to flee away.

(3.) APPELLANT /accused chose to contest the charges framed against him for the offences punishable under Section 392/394/397/34 read with Section 27 of the Arms Act. Trial ensued. Evidence of three victims, i.e., (PW -1), (PW -5) and (PW -6) as well as of the public witnesses, (PW - 2) and (PW -3) was recorded during the course of the trial. Dr. Deepak (PW -7) had proved the MLC (Ex.PW -7/A) of injured - victim (PW -1) and had opined the nature of injury sustained as grievous and was by a fire -arm. Sub - Inspector Desh Raj (PW -10) is the Investigating Officer of this case.